Navigating Mould Issues: Landlords' Legal Responsibilities Under Queensland Law
- Kelly McIntyre
- 23 hours ago
- 4 min read
Mould in rental properties is more than just an unsightly problem. It can cause serious health issues for tenants and lead to costly property damage. For landlords in Queensland, understanding their legal responsibilities when mould appears is essential to protect both their investment and the wellbeing of their tenants. This post explains what Queensland law requires from landlords in mould-related cases, practical steps to address mould, and how to avoid disputes.
What Causes Mould in Rental Properties?
Mould in rental properties is generally caused by excess moisture, poor ventilation, and high humidity, which allows fungus to develop on surfaces such as walls, ceilings, and carpets. Structural issues like leaking roofs or faulty plumbing can cause or contribute to damp areas conducive to mould growth, as can tenant habits such as drying clothes indoors or neglecting to use exhaust fans.
Determining responsibility for mould typically depends on its cause: if it stems from structural problems, it is usually the landlord’s responsibility, whereas lifestyle-related causes are generally considered the tenant’s responsibility.
Understanding these causes helps landlords identify risks early and take preventive action.
Landlords’ Responsibilities (Qld)
Under section 185 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (the RTRAA), landlords must provide and maintain rental properties in a reasonable state of repair and ensure they are fit for habitation. This includes addressing mould issues that affect health and safety.
Section 17A of the RTRAA, also requires landlords to comply with minimum housing standards. Since 1 September 2023, these minimum standards include ensuring the properties are free from damp and mould. This obligation is imposed both at the commencement of the tenancy and is ongoing throughout the term of the tenancy. Its not enough for a landlord to simply determine at the start of a lease that the property is free from damp and mould.
Key Legal Obligations
Maintain the property: Landlords must fix structural defects or leaks that cause mould.
Ensure habitability: Properties must be safe and healthy to live in, free from hazards like mould.
Respond promptly: When tenants report mould or related problems, landlords must act quickly to investigate and resolve the issue.
Provide notice: If access is needed to inspect or repair, landlords must give appropriate notice as per tenancy agreements.
Failure to meet these obligations can lead to disputes, compensation claims under the Personal Injuries Proceedings Act 2002 (Qld) (the PIPA), or orders from the Queensland Civil and Administrative Tribunal (QCAT).
What Tenants Should Do When They Find Mould
Tenants also have responsibilities, such as keeping the property clean and ventilated. When mould appears, tenants should:
Notify the landlord or property manager immediately in writing.
Take reasonable steps to reduce moisture, like opening windows or using exhaust fans.
Provide access to the landlord or property manager to undertake investigations as to the source of the water ingress and mould;
Once mould is established, provide access to the landlord or property manager to undertake an environmental assessment to determine the genera of mould.
Prompt communication helps landlords address the problem before it worsens.
Health Risks of Mould Exposure
Depending on the type or genera of mould, it can have serious and ongoing health impacts on tenants. Usually, the health impacts do not happen overnight but mould exposure can cause immediate, mild allergic reactions including respiratory responses. Prolonged exposure to mould mycotoxins can lead to severe, chronic health issues including neurological problems (commonly referred to as "brain fog"), impacts on the immune system causing fatigue, lung function damage and even depression.
Mycotoxins are distinct from mould spores in that they are toxic chemicals. Unlike the spores themselves, mycotoxins can build up in the human body over time. The accumulation of mycotoxins can result in chronic, systemic inflammation. This ongoing inflammation may contribute to the development of severe fatigue, affecting overall wellbeing.
Any mould related health illnesses need to be assessed by experts and treated according to their recommendations.
Practical Steps for Landlords to Manage Mould
Landlords can reduce mould risks and legal exposure by:
Regular inspections: Check for leaks, dampness, and ventilation issues during routine property visits.
Fixing leaks quickly: Repair plumbing, roofing, or drainage problems as soon as they arise.
Improving ventilation: Install exhaust fans, vents, or dehumidifiers in high-risk areas like bathrooms and kitchens.
Educating tenants: Provide information on how to prevent mould, such as airing out rooms and reporting issues early.
Using professional mould remediation: For serious mould infestations, hire licensed specialists to remove mould safely and thoroughly.
Examples of Legal Cases Involving Mould in Queensland
Several cases in Queensland courts highlight the importance of landlords’ prompt action:
In one case, a tenant successfully claimed compensation after the landlord ignored repeated mould complaints caused by a leaking roof.
Another case involved a landlord ordered by QCAT to pay for professional mould removal after failing to repair faulty plumbing that led to extensive mould growth.
These examples show that ignoring mould can lead to financial penalties and damage to a landlord’s reputation.
How to Document and Communicate About Mould Issues
Good record-keeping helps landlords and tenants resolve mould problems smoothly:
Keep copies of all tenant notifications about mould.
Document inspection dates and repair actions with photos.
Communicate clearly and promptly with tenants about steps being taken.
Use written agreements for access to the property for repairs.
Clear communication builds trust and reduces the risk of disputes escalating.
Summary
Mould in rental properties poses health risks and legal challenges. Queensland landlords must maintain their properties in good repair, respond quickly to mould complaints, and take preventive measures to avoid mould growth. Tenants should report mould early and keep the property ventilated. By understanding these responsibilities and acting promptly, landlords can protect their investment and provide safe homes.
This article should not be taken as legal or medical advice. If you have a matter that deals with the subject matter of this article then you should seek independent legal and /or medical advice regarding the particular circumstances of your case.
Liability limited by a Scheme approved under professional standards legislation.